Home Table of Contents

Rule 409. Petition for Child's Custody by a Non-Certified Person

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part IV. Adoptions
2. Adoption Proceedings
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 409
Formerly cited as AZ ST JUV CT Rule 78
Rule 409. Petition for Child's Custody by a Non-Certified Person
(a) Petition.
(1) By a Prospective Adoptive Parent. Except as provided in A.R.S. § 8-108(C), a prospective adoptive parent who is not yet certified to adopt, but who has custody of a child the person intends to adopt, must petition the court for an order permitting the person to keep custody of the child pending certification. The person must do so no later than 5 days after obtaining custody. The petition must set forth how and when the child came into the petitioner's care, why continued custody is in the child's best interests, and whether there is reason to know the child is an Indian child.
(2) By Others. An agency, DCS, or person other than a prospective adoptive parent may petition the court for custody of a child pending placement of the child for adoption. Upon the filing of the petition, the court must set the matter for hearing and order the person currently having custody to show cause why the court should not grant the petition.
(b) Notice of Hearing. Unless otherwise provided by a local rule or administrative order, a notice of hearing must accompany the petition and include the location, date, and time of the hearing. The notice must require the attendance of persons or entities identified in subpart (d)(2).
(c) Service. The petitioner must serve the petition and notice of hearing in any manner reasonably designed to ensure the attendance at the hearing of the persons and entities identified in subpart (d)(2). If there is reason to know that the child who is the subject of the petition under this rule is an Indian child and the proceeding is involuntary under ICWA, the child's parent, Indian custodian, and tribe must be notified of the hearing as provided by Rule 411.
(d) Procedure.
(1) Time. The court must set a hearing no later than 10 days after the petition was filed, but the court may waive this time limit for good cause.
(2) Attendance. The following persons or entities must attend the hearing, unless the court for good cause waives their attendance: the prospective adoptive parent, the child, and the person or representative of DCS or the agency responsible for preparing reports for the court pursuant to A.R.S. § 8-105.
(e) Findings and Orders. All finding and orders must be contained in a signed minute entry or order. The court must:
(1) determine whether the custody requested by the petitioner is in the child's best interests;
(2) grant the petition, or deny the petition and order that the child be placed with another person or agency if it is in the child's best interests;
(3) if the court grants custody to a prospective adoptive parent who has not been certified to adopt, order that the prospective adoptive parent file an application for certification to adopt within 30 days. If the prospective adoptive parent or agency has not identified at the hearing who will prepare a report and recommendations pursuant to A.R.S. § 8-105, the court must set a status hearing within 30 days to determine the status of the certification; and
(4) if there is reason to know that the child is an Indian child, make findings required under ICWA, including whether there is compliance with the placement preferences or whether there is good cause to deviate from the placement preferences under ICWA § 1915 and 25 C.F.R. §§ 23.130 through 23.132.
(f) Expiration of Custody Order.
(1) Expiration and Extension. The order granting custody of a child to the prospective adoptive parent under this rule expires 6 months after it is entered. The court may extend the custody order for good cause.
(2) Status Hearing. Before the order expires, the court must set a status hearing to determine whether the prospective adoptive parent has been certified and has filed a petition to adopt. The court may waive the attendance of the parties at the status hearing if the court has sufficient information showing that the prospective adoptive parent is proceeding with the adoption in a timely manner. The court may vacate the hearing upon the filing of a petition to adopt.
(g) Termination of Custody. The court for good cause may terminate a custody order it has entered under this rule before the expiration date, but before doing so it must provide notice and an opportunity to be heard to the prospective adoptive parent and DCS or any agency that placed the child.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 409, AZ ST JUV CT Rule 409
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document